Filing retaliation complaints

An employee who believes they were retaliated against may file a STAA complaint, and any other person may file on the employee’s behalf. See Who may file in 1978.103(a).

• This means the worker can file personally or ask a coworker, family member, attorney, or union representative to file for them.
• The regulation treats complaints filed by others the same as complaints filed by the employee.

No special form is required; complaints may be filed orally or in writing and OSHA will reduce oral complaints to writing. See Nature of filing in 1978.103(b).

• If you call and give the details, OSHA will write the complaint for you.
• You can also submit a written complaint if you prefer.

Yes, OSHA will accept a complaint in any language if the complainant cannot file in English. See Nature of filing in 1978.103(b).

• OSHA will take the complaint and make sure it is recorded even if an interpreter is needed.

You should file the complaint with the OSHA office that handles the area where you live or worked, but you may file it with any OSHA officer or employee. See Place of filing in 1978.103(c).

• Filing locally is preferred but not required; any OSHA staff member will accept it and route it correctly.
• Local office addresses and phone numbers are available in local directories and on OSHA’s website.

A STAA complaint must be filed within 180 days after the alleged retaliation occurred. See Time for filing in 1978.103(d).

• The regulation lists many ways that count as the filing date (postmark, fax, electronic transmission, phone call, hand-delivery, delivery to a commercial carrier, or in-person at an OSHA office).
• If there are legal reasons to pause the deadline (tolling), those may apply based on case law.

The date of filing can be the postmark, facsimile transmittal, electronic communication, telephone call, hand-delivery, delivery to a third-party commercial carrier, or in-person filing at an OSHA office. See Time for filing in 1978.103(d).

• Keep records of the method used (e.g., fax confirmation, email timestamp, courier receipt) to prove the filing date if needed.

Yes, the 180-day period may be tolled for reasons supported by applicable case law. See Time for filing in 1978.103(d).

• Tolling can apply in situations like delayed discovery of the retaliation, equitable reasons, or other court-recognized bases.
• If you think tolling applies, note the facts (dates, reasons) when you file and consult counsel or OSHA for help.

If a STAA complaint alleges facts that would also violate section 11(c) of the Occupational Safety and Health Act, the complaint will be treated as a complaint under both STAA and section 11(c). See Relationship to section 11(c) complaints in 1978.103(e) and see section 11(c), 29 U.S.C. 660(c).

• This means OSHA will follow the normal procedures and time limits that apply to each statute.
• The dual designation can affect which rules and remedies apply, so be specific about the facts in your complaint.

Yes, any person may file a complaint on the employee’s behalf, which includes attorneys and union representatives. See Who may file in 1978.103(a).

• The filer should have the employee’s consent or authority to act on their behalf to avoid disputes about standing.

Yes, you may file a STAA complaint with any OSHA officer or employee you encounter, and OSHA will reduce oral complaints to writing. See Nature of filing in 1978.103(b) and Place of filing in 1978.103(c).

• If filing on the spot, provide clear facts and dates so OSHA can record the complaint accurately.

You can file with any OSHA officer or employee; OSHA will accept the complaint and route it to the correct office. See Place of filing in 1978.103(c).

• Local office contact information is also available in local directories and on OSHA’s website if you want to file directly with the nearest office.

Document the filing date by keeping the postmark, fax confirmation, electronic timestamp, phone log, courier receipt, or an OSHA intake receipt to prove when you filed. See Time for filing in 1978.103(d).

• Save copies of emails, screenshots of submission confirmations, or any written acknowledgment from OSHA.

No, when a complaint falls under both STAA and section 11(c) it will be treated as a complaint under both statutes and each statute’s normal procedures and timeliness requirements will apply. See Relationship to section 11(c) complaints in 1978.103(e) and section 11(c), 29 U.S.C. 660(c).

• That means you must be mindful of both sets of rules; OSHA will proceed under the appropriate requirements for each claim.

Yes, you can file a STAA complaint after leaving the job, but the complaint must still be filed within 180 days of the alleged retaliatory act unless tolling applies. See Who may file in 1978.103(a) and Time for filing in 1978.103(d).

• Keep records of the date the adverse action occurred to protect your deadline.